What is a nuisance?

October 11, 2010 - Sylvia Heldreth

I sometimes hear complaints from community association residents about noise in the common areas, especially from the pool. The people making the noise claim that they are speaking in normal levels, children play loudly and sound carries.

The people complaining say that the noise from the pool is loud and interferes with the peaceful enjoyment of their homes. The difference between the two can be unclear and sometimes board members believe that they are powerless to do anything about nuisance behavior because they can't find a rule that defines it.

The pool-goers claim that they have a right to enjoy the pool and to speak in an "outdoor voice" while doing so. The nearby unit owners say that having voices carry indoors is a nuisance and the nuisance provisions of the condo documents should be enforced.